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Michael P. Akemann, Rebbecca Reed-Arthurs and J. Douglas Zona

This chapter describes an application of consumer surveys in the litigation context. This particular application of a survey differs from the typical use of market research conducted for new product development, consumer satisfaction studies, or the assessment of consumers’ willingness-to-pay for a good or service. We describe and explain why and how a survey can be an important means for either Plaintiffs or Defendants to present evidence on the interpretation of a claim (here, a so-called All Natural claim displayed on the packaging of Ben & Jerry’s ice cream), as well as to evaluate the role that such a claim can play in the consumer’s decision-making process.